Ohio Name Change of Minor Child

Ohio Name Change Procedures For Minors

The Ohio Revised Code sets forth the filing and notice requirements that apply to name change petitions filed on behalf of minors. The application may be filed on by the child’s parent, legal guardian, or guardian ad litem. If one of the parents does not consent, he or she must be notified of the hearing by several methods.

To change the name of a minor by a minor's parents, a legal guardian, or a guardian ad litem an application is filed with the court.  Notice and proof is required and the consent of both living, legal parents of the minor shall be filed, or notice of hearing given to parent or parents not consenting.  If there is no known father of the minor, the notice shall be given to the person who the mother of the minor alleges to be the father. If no father is so alleged, or if either parent or the address of either parent is unknown, notice pursuant to Ohio Revised Code shall be sufficient as to the father or parent.

Ohio courts are required to decide whether the proposed name change would be in the child's best interest. The court uses several factors in determining name change applications for minor children and their best interest such as but not limited to:

1. The effect of the change on the preservation and development of the child's relationship with each parent;

2. The preference of the child if the child is of sufficient maturity to express a meaningful preference;

3. The embarrassment, discomfort, or inconvenience that may result when a child bears a surname different from the residential parent's;

4. Parental failure to maintain contact with and support of the child; and any other factor relevant to the child's best interest.

There is a residency requirement, you must reside in the county where the petition is filed for at least one year prior to filing.

Publication is required.  The Ohio Revised Code sets forth the publication requirements.  There must be publication in a newspaper of general circulation in the county of residence.

A reasonable and proper cause must be set forth for changing the minor's name.

The Court of Appeals of Ohio upheld a trial court’s decision to grant a name change application filed on behalf of two minor children, despite the natural father’s objections. Among other factors, the Court noted that the natural father was incarcerated and that he would continued to be incarcerated for a lengthy period of time. The Court determined that the proposed name change was in the children’s best interests to avoid embarrassment that arose from having a different surname from the residential parent.